Tucker v. . Bellamy
Supreme Court of North Carolina
Issues joined in a special proceeding, tried before Philips, Judge, at September Term, 1887, of the Superior Court of New HaNOVeb, county. The plaintiffs allege in their petition that they and the defendant are the owners as tenants in common of a certain lot of land therein described, they being the owners of one half thereof and the defendant the owner of the other half, and they demand judgment that partition thereof be made, &c.
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Issues joined in a special proceeding, tried before Philips, Judge, at September Term, 1887, of the Superior Court of New HaNOVeb, county. The plaintiffs allege in their petition that they and the defendant are the owners as tenants in common of a certain lot of land therein described, they being the owners of one half thereof and the defendant the owner of the other half, and they demand judgment that partition thereof be made, &c. The defendant in his answer denies the allegations of the petitioner and alleges that he is the sole owner of the land, &c. On the trial of the issues raised by…
1Opinion of the Court
MerrimoN, J.,
(after stating the case). While negro slavery prevailed in this State, the laws regulating the descent of estates of inheritance did not apply to slaves. There were no marriages among them recognized by law, and they could neither own nor inherit property. After they were emancipated — became freedmen — it was practically impossible to trace their relationships by blood while they were slaves, with any tolerable degree of' certainty. The confused condition of their family ties and relationships, and their circumstances as slaves, rendered it necessary to prescribe by statute who…
2Cited by11 opinions
- In Re Estate of McDadeSupreme Court of Oklahoma · 1923
- Cole v. TaylorTennessee Supreme Court · 1915
- Love v. . LoveSupreme Court of North Carolina · 1919
- Shepherd v. CarlinTennessee Supreme Court · 1897
- Bettis v. Avery.Supreme Court of North Carolina · 1905
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